Read v. . Decker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon the report of a referee. (Mem. of decision below, 6 Hun, 646.) This action was brought to recover a balance alleged to be due upon a contract.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon the report of a referee. (Mem. of decision below, 6 Hun, 646.) This action was brought to recover a balance alleged to be due upon a contract. The defendant had a contract with the New York Central and Hudson River Railroad Company to do the work and furnish certain material for additional tracks from Schenectady to Fort Plain. The defendant sublet to the plaintiff certain sections on that contract. The specifications are the same in the…
1Opinion of the CourtRapallo, J.
Independently of the question of the admissibility of the evidence offered, under the answer, we are of opinion that it was properly rejected on the merits.
The clause of the contract upon which the offer was based was as follows : “ All stone obtained from excavations which may, in the opinion of the engineer, be suitable for masonry, shall be deposited in some convenient place, within eight hundred feet haul, to be designated by him, and shall be the property of the company.”
This provision necessarily contemplated that during the progress of the work the engineer should point out such stone…
2Cited by1 opinion
- Montanye v. MontgomeryNew York Court of Common Pleas · 1892